Category: Pennsylvania Commonwealth Court Opinions

811 A.2d 625 The Philadelphia Housing Authority, Appellant v. The Fraternal Order of Housing Police. No. 379 C.D. 2002.Commonwealth Court of Pennsylvania.Argued: September 10, 2002. Filed: November 1, 2002. Order Filed: December 27, 2002. ORDER NOW, December 27, 2002, having considered appellant’s application for reargument, the application is denied. Appeal from the Philadelphia Court of […]

446 A.2d 991 Paul Alexander, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued February 5, 1982 June 21, 1982. Unemployment compensation — Burden of proof — Voluntary termination of employment — Necessitous and compelling cause — Transportation inconvenience. 1. An unemployment compensation claimant who has voluntarily terminated his […]

470 A.2d 649 In Re: Appeal — Edward G. Kriebel Tax Assessment. Clarion County Board of Assessments and Revisions of Taxes, Appellant. In Re: Appeal — Edward G. Kriebel Tax Assessment. Edward G. Kriebel and Ruth Kriebel, Appellants. Commonwealth Court of Pennsylvania. January 10, 1984. Taxation — Hearing de novo — Fair market value — […]

819 A.2d 615 Downingtown Area School District v. Chester County Board of Assessment Appeals and Lionville Station S.C. Associates Appeal of Lionville Station S.C. Associates. No. 183 C.D. 2002.Commonwealth Court of Pennsylvania.Submitted: December 4, 2002 Filed: March 20, 2003 Page 616 Appeal from the Common Pleas Court, Chester County, No. 00-01233, Shenkin, J. John K. […]

487 A.2d 109 Unionville-Chadds Ford School District, Appellant v. Cornelius A. Rotteveel, Parent and natural guardian of Cornelius Rotteveel, a minor, Appellee. Commonwealth Court of Pennsylvania.Argued December 10, 1984 February 4, 1985. Schools — Preliminary injunction — Scope of appellate review — Statutory Construction Act of 1972, 1 Pa. C. S. §§ 1903, 1921 and […]

486 A.2d 1055 Carolee Glickman, Petitioner v. Workmen’s Compensation Appeal Board (New York Floral Company), Respondents. Commonwealth Court of Pennsylvania. January 24, 1985. Workmen’s compensation — Medical testimony — Burden of proof. 1. When the medical testimony in a workmen’s compensation case indicates that any disability related to an employment injury has ceased, that evidence […]

CUSICK v. CITY OF PITTSBURGH ZONING BOARD OF ADJUSTMENT. No. 1283CD05.Commonwealth Court of Pennsylvania. November 17, 2005. Appeal from Allegheny County SA 04-318. Decision without published opinion. Affirmed.

544 A.2d 103 Lawrence A. Wills, Appellant v. Middle Smithfield Township, Appellee. Commonwealth Court of Pennsylvania.Argued April 20, 1988. July 15, 1988. Zoning — Exclusionary zoning — Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805 — Constitutional challenge — Commercial use — Laches — Power to order removal of building — Building […]

718 A.2d 917Commonwealth Court of Pennsylvania. June 1998. DOCKET TRIAL COURT/CAPTION NUMBER DATE DOCKET NUMBER DISPOSITION——– —— —- ————- ———– AGCA Headquarters limited Partnership v. Newtown Township Zoning Hearing Board …………. 1966CD97 7/8/98 Bucks County Affirmed 96006471225 Statler v. Comm., Dept. of Trans., Bureau of Driver Lic. ………….. 69CD98 7/8/98 Northampton County Affirmed 1997-C-4046 Borough […]

528 A.2d 1032 Kenneth J. Gratkie and Lorraine Gratkie, et al., Appellants v. Air Wisconsin, Inc., a corporation, et al., Appellees. Commonwealth Court of Pennsylvania.Argued March 24, 1987. July 20, 1987. Municipalities — Immunity from suit — Scope of appellate review — Abuse of discretion — Error of law — Judicial Code, 42 Pa. C. […]

380 A.2d 494 Glenn L. Fox, Sr., Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Hempfield Township Road Supervisors, Respondents. Commonwealth Court of Pennsylvania.Argued December 5, 1977 February 9, 1978. Workmen’s compensation — Limitation of actions — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Withdrawal of claim petition […]

Sarvas v. Comm. of PA, Dept. of Trans., Bureau of Driver Lic. No. 502CD09.Commonwealth Court of Pennsylvania. February 18, 2010. Appeal from the Washington County 2008-2878. Decisions Without Published Opinions. Affirmed.

973 A.2d 1 PHILLY INTERNATIONAL BAR, INC. v. PENNSYLVANIA LIQUOR CONTROL BOARD, Appellant. Commonwealth Court of Pennsylvania.Argued November 11, 2008. Decided: December 8, 2008. Reargument Denied: February 10, 2009. Publication Ordered: March 3, 2009. Appeal from the Court of Common Pleas, Philadelphia County, No. 2467 October Term 2006, Di Vito, J. James M. Petrascu, Harrisburg, […]

854 A.2d 639 Troy Lynn Lucas, Appellant v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles. No. 2800 C.D. 2003.Commonwealth Court of Pennsylvania.Submitted: June 11, 2004. Filed: July 15, 2004. Page 640 Kevin J. Rozich, Johnstown, for appellant. Terrance M. Edwards and Timothy P. Wile, Asst. Counsel In-Charge, Harrisburg, for appellee. BEFORE: PELLEGRINI, […]

428 A.2d 1041 Frank J. Haney et al., Appellants v. Michael G. Sabia et al., Appellees. Commonwealth Court of Pennsylvania.Argued March 6, 1981 May 4, 1981. Civil procedure — Pennsylvania Rule of Civil Procedure 126 — Abuse of discretion — Local rule. 1. Pennsylvania Rule of Civil Procedure 126 was adopted to allow the courts […]

534 A.2d 1148 Elizabeth Shuleski (Widow), Peter A. Shuleski (Dec’d) v. Wyoming Valley Improvement Co. and Commonwealth of Pennsylvania, Bureau of Workers’ Compensation, Commonwealth of Pennsylvania, Bureau of Workers’ Compensation, Appellant. Commonwealth Court of Pennsylvania. December 23, 1987. Workers’ compensation — Final order — Remand for additional evidence — Judicial Code, 42 Pa. C. S. […]

578 A.2d 575 Deloris A. HEVERLY, Petitioner v. WORKMEN’S COMPENSATION APPEAL BOARD (SHIP N SHORE) Respondents. Commonwealth Court of Pennsylvania.Argued November 17, 1989. Reargued June 13, 1990. Decided July 19, 1990. Appeal from the Workmen’s Compensation Appeal Board, No. A-95770. Nicholas S. Mattise, Munley, Mattise Kelly, P.C., for petitioner. Gregory D. Geiss, Dougherty, Mundy, Leventhal […]

492 A.2d 1176 Duquesne Light Company, Petitioner v. Workmen’s Compensation Appeal Board (Zalar), Respondents. Commonwealth Court of Pennsylvania. May 24, 1985. Workmen’s compensation — Expert witness — Credibility — Physician — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Substantial evidence — Deposition. 1. In a workmen’s compensation case, an […]

399 A.2d 444 Jones Laughlin Steel Corporation, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, Clarence J. Speelman and Commonwealth of Pennsylvania, Respondents. Commonwealth Court of Pennsylvania.Argued October 30, 1978 March 13, 1979. Workmen’s compensation — Pneumoconiosis — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 — Date of exposure — […]

424 A.2d 585 Pamela Williams, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent. Commonwealth Court of Pennsylvania.Argued December 8, 1980 January 20, 1981. Public welfare — Training program — Discretion — Scope of appellate review — Family obligations — Nursing assistant course. 1. Approval of training programs for recipients of public assistance is […]

711 A.2d 1100 F. Joseph MERLINO, Deborah Thomas, Justine Vigilante, Charles Brown, Lawrence Arata, III, Petitioners v. DELAWARE COUNTY, Mary Ann Arty, Joseph Kelly, Paul Mattus, John Taylor, Ward Williams, Commonwealth of Pennsylvania, Department of Environmental Resources, Respondents. Commonwealth Court of Pennsylvania.Argued February 10, 1998. Decided May 15, 1998. Appeal from The Court of Common […]

713 A.2d 177 GIANT FOOD STORES, INC., Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF HEALTH, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs January 30, 1998. Decided June 11, 1998. Appeal from The State Department of Health, No. 97-027. Page 178 Jeffrey F. Champagne, Harrisburg, for petitioner. Lesa E. Tressler, Harrisburg, for respondent. Before DOYLE and […]

514 A.2d 255 American Federation of State, County and Municipal Employees, Council 13, By Its Trustee Ad Litem, Edward J. Keller, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board, Respondent. Commonwealth Court of Pennsylvania.Argued May 16, 1986 August 20, 1986. Labor relations — Scope of appellate review — Public Employe Relations Act, Act of […]

879 A.2d 357 COUNTY OF ERIE, Pennsylvania, Appellant v. VERIZON NORTH, INC., formerly GTE North, Inc. No. 674 C.D. 2004.Commonwealth Court of Pennsylvania.Argued: May 4, 2005. Decided: July 12, 2005. Appeal from the Court of Common Pleas, Erie County, No. 10532-2003, Di-Santis, J. Page 358 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

315 A.2d 897 Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant, v. Jean C. Bensing, Appellee. Commonwealth Court of Pennsylvania.Argued February 7, 1974 March 4, 1974. Motor vehicles — Suspension of motor vehicle operator’s license — Abuse of discretion — Vehicle Code, Act 1959, April 29, P.L. 58 — Schedule of penalties […]

531 A.2d 1167 Harry and Tillie Filler, Appellants v. Commonwealth Federal Savings and Loan Association and City of Philadelphia, Appellees. Commonwealth Court of Pennsylvania. October 6, 1987. Municipalities — Secondary liability for ice and snow removal — Summary judgment — Pa. R.C.P. No. 1035 — Burden of proof — Judicial notice — Municipal ordinance — […]

855 A.2d 957 PENNSYLVANIA DIVISION, HORSEMEN’S BENEVOLENT AND PROTECTIVE ASSOCIATION, INC., Plaintiff v. MOUNTAINVIEW THOROUGHBRED RACING ASSOCIATION, INC. and Pennsylvania National Turf Club, Inc. a/k/a Penn National Race Track, Defendants v. State Horse Racing Commission and Pennsylvania Horse Breeders Association, Additional Defendants. No. 827 M.D. 2003.Commonwealth Court of Pennsylvania.Argued March 30, 2004. Decided August 11, […]

457 A.2d 213 Ann Denoncourt, Donald Tinsman, Linda T. Butler and Rudolph E. Butler, Jr., Petitioners v. Commonwealth of Pennsylvania, State Ethics Commission, Respondent. Commonwealth Court of Pennsylvania.Argued November 16, 1982 March 21, 1983. Act of October 4, 1978, P.L. 883 — Construction — Statutory Construction Act of 1972, 1 Pa. C. S. § 1922(3) […]

473 A.2d 1109 National Fuel Gas Distribution Corporation, Petitioner v. Pennsylvania Public Utility Commission, Respondent. Commonwealth Court of Pennsylvania.Argued September 13, 1983 March 26, 1984. Public utilities — Gas Cost Rate procedures — Public Utility Code, 66 Pa. C. S. §§ 1307 and 1312 — Power to compel prior approval — Power to order refunds […]

661 A.2d 497 INDUSTRIAL VALLEY TITLE INSURANCE COMPANY, Appellant, v. SCHOOL DISTRICT OF PHILADELPHIA. Commonwealth Court of Pennsylvania.Argued: May 10, 1995. Decided: July 10, 1995. Appeal from the Court of Common Pleas, Philadelphia County, No. 0976 October 1991, Avellino, J. Page 498 David Richman, for appellant. Margaret E. Pawlowski, Asst. City Sol., for appellee. Before […]

COLONIAL VILLAGE HOMEOWNERS ASSOCIATION v. CONSOLIDATED APPEAL OF UPPER MERION TOWNSHIP. No. 2090CD04.Commonwealth Court of Pennsylvania. June 6, 2005. Appeal from the Montgomery County 03-12147, 03-12248. Decision without published opinion. Affirmed.

531 A.2d 111 The Municipality of Upper St. Clair, Appellant v. Boyce Road Partnership, Appellee. Commonwealth Court of Pennsylvania.Argued May 21, 1987. September 17, 1987. Zoning — Conditional use permit — Scope of appellate review — Error of law — Abuse of discretion — Construction financing commitment requirement — Floodplain ordinance — Aerial electric lines […]

387 A.2d 510 Alvin C. Edwards, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania.Argued May 4, 1978 June 9, 1978. Unemployment compensation — Voluntary termination — Cause of a necessitous and compelling nature — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897 — Reduction in wages. […]

631 A.2d 1389 COUNTY OF BUTLER, Appellant, v. LOCAL 585, SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO and Local 2640, American Federation of State, County and Municipal Employees, Buckingham Security, Ltd., and Adcare Corporation, Appellees. COUNTY OF BUTLER, v. BUCKINGHAM SECURITY, LTD., and Adcare Corporation. COUNTY OF BUTLER, v. LOCAL 585, SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO and […]

Early v. Zoning Hearing Board of North Londonderry Township. No. 217CD10.Commonwealth Court of Pennsylvania. August 5, 2010. Appeal from the Lebanon County 2009-02026. Decisions Without Published Opinions Affirmed in Part and Reversed in Part.

Allegheny County Housing Authority v. Gray. No. 19CD10.Commonwealth Court of Pennsylvania. August 25, 2010. Appeal from the Allegheny County SA 09-744. Decisions Without Published Opinions Vacated and Remanded. Page 1259

457 A.2d 1041 Joseph Ottaviano, Appellant v. Society Hill Civic Association, Appellee. Commonwealth Court of Pennsylvania.Argued December 15, 1982 April 7, 1983. Zoning — Compliance with procedural rules — Captioning — Notice — Motion to quash. 1. A motion to quash a zoning appeal is improperly denied when the appellant failed to comply with local […]

523 A.2d 1194 Annette McGuill and Linda Patton, Petitioners v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. March 23, 1987. Unemployment compensation — Burden of proof — Wilful misconduct — Unauthorized purchases — Credibility. 1. In an unemployment compensation case the burden of proving wilful misconduct is upon the […]

578 A.2d 621 SHEETZ, INC., Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted May 23, 1990. Decided August 6, 1990. Appeal from the Unemployment Compensation Board of Review, Decision No. B-278085. Page 354 Anand K. Rajan, Asst. Counsel, with him, Clifford F. Blaze, Deputy Chief Counsel, for respondent. David P. Andrews, […]

457 A.2d 1320 Asbestos Insulating Co. and Pennsylvania Manufacturers Association Insurance Co., Petitioners v. Workmen’s Compensation Appeal Board (Joseph F. McGovern, Deceased, by Clare A. McGovern, Widow), Respondents. Commonwealth Court of Pennsylvania.Argued December 16, 1982 March 24, 1983. Workmen’s compensation — Exposure to hazard — Occupational disease — The Pennsylvania Workmen’s Compensation Act, Act of […]

705 A.2d 503 Patricia CAMPBELL, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (ANTIETAM VALLEY ANIMAL HOSPITAL), Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs October 24, 1997. Decided January 6, 1998. Appeal from the Workers’ Compensation Appeals Board, No. A95-1988. Jack F. Wolf and Levi S. Wolf, Pottstown, for petitioner. Beverly J. Doneker, Allentown, for respondent. Before […]

392 A.2d 342 Mt. Macrina Manor Nursing Home, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Violet L. Lehman, Respondents. Commonwealth Court of Pennsylvania. October 19, 1978. Workmen’s compensation — Total disability — Findings of fact — Substantial evidence. 1. When findings of fact of the referee in a workmen’s compensation case establishing […]

384 A.2d 1361 Republic Steel Corporation, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, George Paugh and Commonwealth of Pennsylvania, Respondents. Commonwealth Court of Pennsylvania.Argued February 3, 1978 April 26, 1978. Workmen’s compensation — Occupational diseases — Pneumoconiosis — Date of disability — The Pennsylvania Workmen’s Compensation Act, Act 1915, June 2, P.L. 736 […]

730 A.2d 1029 PENNSYLVANIA LIQUOR CONTROL BOARD, Appellant v. THOMAS BARTOSH, JR., T/A TOM EVA’S Commonwealth Court of Pennsylvania.Submitted November 20, 1998 Filed May 12, 1999 Appeal from the Court of Common Pleas, Luzerne County, No. 2281-C of 1996. Page 1030 Robin Coward, Conshohocken, for appellant. William Ruzzo, Kingston, for appellee. Before COLINS, President Judge, […]

732 A.2d 701 THE BOROUGH OF DOYLESTOWN v. THE DOYLESTOWN BOROUGH POLICE ASSOCIATION, Appellant. Commonwealth Court of Pennsylvania.Argued: May 18, 1999. Filed: June 22, 1999. Appeal from No. 198 C.D. 1999. Gary M. Lightman, Harrisburg, for appellant. Joseph C. Rudolf, Philadelphia, for appellee. BEFORE: HONORABLE DORIS A. SMITH, Judge, HONORABLE DAN PELLEGRINI, Judge, HONORABLE SAMUEL […]

425 A.2d 40 George Hawkey, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Shenango, Inc., Respondents. (Two appeals) Commonwealth Court of Pennsylvania. January 29, 1981. Workmen’s compensation — Petition for rehearing — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Final action — New evidence. 1. Provisions of […]

665 A.2d 15 BOROUGH OF KENNETT SQUARE v. Amrit LAL, Appellant. Commonwealth Court of Pennsylvania.Submitted on Briefs May 9, 1995. Decided August 11, 1995. Reargument Denied September 13, 1995. Appeal from the Court of Common Pleas, Chester County, No. 3096 through 3119-93, Gavin J. Page 16 Thomas A. Pitt, Jr., for appellant. John L. Hall, […]

748 A.2d 794 JOYCE OWENS, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. No. 1468 C.D. 1999.Commonwealth Court of Pennsylvania.Submitted: December 3, 1999. Filed: March 21, 2000. Page 795 Carolyn L. Carter, for petitioner. Kristin L. Rice, for intervenor, Aristokraft, Inc. Before: Honorable Doris A. Smith, Judge, Honorable Jim Flaherty, Judge, Honorable Jess S. Jiuliante, […]

666 A.2d 779 Robert James LAUER, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Bureau of Driver Licensing. Commonwealth Court of Pennsylvania.Argued May 10, 1995. Decided October 24, 1995. Appeal from the Court of Common Pleas, Bucks County, No. 94006154226, Weaver, .J. Page 780 David Knight, for appellant. Timothy P. Wile, Assistant Counsel In-Charge Appellate […]

662 A.2d 701 David W. HUGHES, Petitioner v. PUBLIC SCHOOL EMPLOYEES’ RETIREMENT BOARD, Respondent. Commonwealth Court of Pennsylvania.Argued May 8, 1995. Decided July 21, 1995. Appeal from the Public School Employees’ Retirement Board, No. 177-30-6363. Page 702 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

415 A.2d 705 In Re: Appeal of Daniel W. Klock From the Logan Township Zoning Hearing Board. Daniel W. Klock, Appellant. Commonwealth Court of Pennsylvania.Argued May 9, 1980 June 3, 1980. Zoning — Variance — Treatment plant — Abuse of discretion — Technical engineering regulations — Financial failure — Public detriment. 1. The entitlement to […]

504 A.2d 373 Martel Inmon, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. January 29, 1986. Pennsylvania Board of Probation and Parole — Timeliness of revocation hearing — Confinement in county institution. 1. Regulations of the Pennsylvania Board of Probation and Parole require that a revocation hearing […]

783 A.2d 380 Robert L. McCrea, Jr. v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant. No. 706 C.D. 2000.Commonwealth Court of Pennsylvania.Submitted: June 29, 2001. Filed: August 31, 2001. Terrence M. Edwards and Timothy P. Wile, Asst. Counsel IN-Charge, Harrisburg, for appellant. Page 381 Paul D. Boas, Pittsburgh, for appellant. Before: […]

317 A.2d 56 S. Gonzalo Sanabria, Appellant, v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Appellee. Commonwealth Court of Pennsylvania.Argued February 7, 1974 February 27, 1974. Unemployment compensation — Limitation of actions — Unemployment Compensation Law, Act 1936, December 5, P. L. (1937) 2897 — Fraud — Conduct of administrative agency. 1. Requirements of […]

LAUREL POINT ASSOCIATES, Appellant v. SUSQUEHANNA TOWNSHIP ZONING HEARING BOARD. Commonwealth Court of Pennsylvania.Argued September 12, 2005. Decided November 28, 2005. Appeal from the Court of Common Pleas, Dauphin County, No. 2004 CV 1705 LU, Evans, J. Page 797 Charles E. Zaleski, Camp Hill, for appellant. Bruce D. Foreman, Harrisburg, for appellee. BEFORE: COLINS, President […]

955 A.2d 456 EMPORIUM WATER COMPANY, Petitioner v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued: April 8, 2008. Decided: June 4, 2008. Publication Ordered: August 14, 2008. Page 457 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 458 Stanley E. […]

494 A.2d 36 Kent Allen Brewer, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Board of Probation and Parole, Respondent. Commonwealth Court of Pennsylvania. June 11, 1985. Parole — Revocation — Assistance of counsel — Transfer. 1. An indigent, incarcerated prisoner is entitled to the assistance of counsel at any hearing on the revocation of parole as […]

318 A.2d 373 Bethlehem Mines Corporation, Appellant, v. Commonwealth of Pennsylvania, Department of Environmental Resources, Appellee. Commonwealth Court of Pennsylvania.Argued March 6, 1974 April 22, 1974. Appeal — Administrative Agency Law, Act 1945, June 4, P. L. 1388 — Granting reargument — Adjudication — Interlocutory order — Appealable order. 1. An order of the Environmental […]

423 A.2d 63 William C. Ferguson, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board and Helen Mining Company, Respondents. Commonwealth Court of Pennsylvania.Argued November 20, 1980 December 17, 1980. Workmen’s compensation — Final receipt — Burden of proof — Disability — Medical testimony. 1. Where a workmen’s compensation claimant seeks to set aside a […]

958 A.2d 1126 Mary PATTON, Widow of Audley K. Patton, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (LANE ENTERPRISES, INC.), Respondent. No. 2363 C.D. 2007.Commonwealth Court of Pennsylvania.Submitted on Briefs: July 3, 2008. Decided: October 22, 2008. Page 1127 William G. Cohen, New Castle, for petitioner. Lee Ann Rhodes, Pittsburgh, for respondent. BEFORE: McGINLEY, Judge, FRIEDMAN, […]

595 A.2d 792 Shawn Michael MEREDITH, Appellant, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellee. Commonwealth Court of Pennsylvania.Argued May 1, 1991. Decided July 26, 1991. Appeal from the Court of Common Pleas of Cambria County, No. 1054 of 1990, F. Joseph Leahey, J. Page 462 No appearance for appellant. Harold H. Cramer, Asst. Chief […]

678 A.2d 436 Gerald W. ALLEN, Petitioner, v. PENNSYLVANIA STATE POLICE, Respondent. Commonwealth Court of Pennsylvania.Argued April 19, 1996. Decided June 28, 1996. Appeal from the Commissioner of the State Police. Kelley, J., filed a dissenting opinion. James L. McAneny, for Petitioner. Michael C. Barrett, Assistant Counsel, for Respondent. Before DOYLE and KELLEY, JJ., and […]

400 A.2d 653 Alexander F. Barbieri, Court Administrator of Pennsylvania, Petitioner v. Richard L. Thornburgh, Governor of the Commonwealth of Pennsylvania; Ethel D. Allen, Secretary of the Commonwealth of Pennsylvania; Louis C. Mete, Commissioner of the Bureau of Elections, Commissions and Legislations for the Commonwealth of Pennsylvania, Respondents. Commonwealth Court of Pennsylvania.Argued March 20, 1979 […]

527 A.2d 615 Bruce E. Shearer, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent. Commonwealth Court of Pennsylvania. June 16, 1987. Unemployment compensation — Wilful misconduct — Burden of proof — Scope of appellate review — Violation of constitutional rights — Error of law — Findings of fact — Substantial evidence — […]

579 A.2d 1374 Robert J. CONLEY and William Trempus, Appellants v. CITY OF PITTSBURGH, Appellee. Commonwealth Court of Pennsylvania.Argued February 8, 1990. Decided September 12, 1990. Appeal from the Common Pleas Court, Allegheny County, No. G.D. 88-20725, S. Louis Farino, J. Page 657 Stanford A. Segal, Gatz, Cohen, Segal and Koerner, P.A., for appellants. Joseph […]

876 A.2d 1069 BUREAU OF WORKERS’ COMPENSATION, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (CONSOLIDATED FREIGHTWAYS, INC.), Respondent. No. 2465 C.D. 2004.Commonwealth Court of Pennsylvania.Submitted on Briefs: March 4, 2005. Decided: May 25, 2005. Reargument Denied: July 21, 2005. Appeal from the Workers’ Compensation Appeal Board, No. A04-0521, Leavitt, J. Page 1070 Andrea E. Dean, Asst. […]

573 A.2d 630 Thomas VARGHESE, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (M. CARDONE INDUSTRIES), Respondent. Commonwealth Court of Pennsylvania.Submitted on briefs December 27, 1989. Decided March 22, 1990. Reargument Denied May 25, 1990. Page 483 Appeal from the Workmen’s Compensation Appeal Board No. A 96759. Page 484 Paul Auerbach, Philadelphia, for petitioner. Charles S. Katz, […]

617 A.2d 88 Christopher MUNROE, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (H G DISTRIBUTING COMPANY), Respondent. Commonwealth Court of Pennsylvania.Argued September 16, 1992. Decided November 16, 1992. Appeal from the Workmen’s Compensation Appeal Board, No. A-97389. Page 466 George D. Walker, Jr., for petitioner. L. Rostaing Tharaud, for respondent. Before PALLADINO and McGINLEY, JJ., and […]

335 A.2d 873 Freeport Area School District, Appellant, v. Commonwealth of Pennsylvania, Pennsylvania Human Relations Commission, Appellee. Commonwealth Court of Pennsylvania.Argued December 3, 1974 April 8, 1975. Human relations — Discrimination in employment — Sex discrimination-Pennsylvania Human Relations Act, Act 1955, October 27, P.L. 744 — Scope of appellate review — Error of law — […]

806 A.2d 512 Lois McCabe, Petitioner v. Workers’ Compensation Appeal Board (Department of Revenue), Respondent. No. 917 C.D. 2002.Commonwealth Court of Pennsylvania.: July 26, 2002. Filed: September 5, 2002. Page 513 James J. Muller, Philadelphia, for petitioner. Jonathan B. Young, Lansdale, for respondent. Before: Honorable James Gardner Colins, President Judge; Honorable Doris A. Smith-Ribner, Judge; […]

Comm. of PA, Dept. of Trans., Bureau of Driver Lic. v. Brown. No. 370CD06.Commonwealth Court of Pennsylvania. December 19, 2006. Appeal from the Philadelphia County 4218 May Term 2005. Decisions Without Published Opinions Vacated and Remanded.

592 A.2d 774 CHICHESTER SCHOOL DISTRICT, Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (Nelson W. FOX and Department of Public Welfare), Respondents. Commonwealth Court of Pennsylvania.Argued March 7, 1991. Decided May 31, 1991. Appeal from the Workmen’s Compensation Appeal Board, No. A89-875. Page 225 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

629 A.2d 172 COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Petitioner v. WASHINGTON COUNTY, Respondent. WASHINGTON COUNTY, Petitioner v. DEPARTMENT OF ENVIRONMENTAL RESOURCES, Respondent. Commonwealth Court of Pennsylvania.Argued October 19, 1992. Decided April 26, 1993. Publication Ordered July 28, 1993. Petition for Allowance of Appeal Granted September 17, 1993. Appeal from the Environmental Hearing Board […]

795 A.2d 508 Michael Drudy v. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Driver Licensing, Appellant. No. 1401 C.D. 2001.Commonwealth Court of Pennsylvania.Submitted: January 11, 2002. Filed: April 5, 2002. Appeal from the Court of Common Pleas, Allegheny County, No. 170 SA 2001, Dauer, Senior Judge. Page 509 Terrance M. Edwards and Timothy P. […]

Fay v. Comm. of PA, Dept. of Agriculture. No. 2177CD10.Commonwealth Court of Pennsylvania. January 20, 2011. Appeal from the Tioga County 1 CV 2009. Decisions Without Published Opinions Affirmed.

642 A.2d 541 GREENE TOWNSHIP BOARD OF SUPERVISORS, Petitioner, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Argued February 28, 1994. Decided May 12, 1994. Appeal from the Public Utility Commission (PUC), Nos. A-00108818, A-00860010. Page 89 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

626 A.2d 1265 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Daniel B. AHLBORN. Commonwealth Court of Pennsylvania. Decided June 3, 1993. Reargument Denied July 22, 1993. Appeal from the Common Pleas Court, Cambria County, No. 1992-1306, Krumenacker, III, J. Page 197 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

406 A.2d 827 In Re: Application of David C. and Pamela B. Wetherill. West Nantmeal Township, Appellant. Commonwealth Court of Pennsylvania.Argued April 6, 1979 August 31, 1979. Zoning — Exclusionary zoning — Constitutionality — Apartments — Townhouses — Minimum lot size — Urban suburban growth — Lack of utilities and transportation facilities. 1. A zoning […]

838 A.2d 819 Jeremy Mitchell v. The Zoning Hearing Board of the Borough of Mount Penn, Antietam School District Helen D. Krafczek, Adam B. Krafczek, and Noble Realty, Inc. v. The Zoning Hearing Board of the Borough of Mount Penn, Antietam School District Appeal of: The Board of Directors of the Antietam School District Helen […]

DECHERT LLP, Petitioner v. COMMONWEALTH of Pennsylvania, Respondent. No. 885 F.R. 2004.Commonwealth Court of Pennsylvania.Argued April 9, 2007. Decided: April 25, 2007. Page 88 David R. Kraus and Randy L. Varner, Harrisburg, for petitioner. Karen M. Card, Sr. Deputy Attorney General, Harrisburg, for respondent. BEFORE: LEADBETTER, President Judge, LEAVITT, Judge (P.), and FLAHERTY, Senior Judge. […]

737 A.2d 330 GERALD J. LaVALLE and RICHARD A. KASUNIC, individually and in their capacities as elected members of the SENATE OF THE GENERAL ASSEMBLY OF PENNSYLVANIA, Petitioners v. OFFICE OF GENERAL COUNSEL OF THE COMMONWEALTH OF PENNSYLVANIA, Respondent No. 878 C.D. 1998Commonwealth Court of Pennsylvania.Argued: April 14, 1999 Filed: August 18, 1999 Jeffrey Foreman, […]

558 A.2d 614 COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant, v. Anatoly BALANOW, Appellee. Commonwealth Court of Pennsylvania.Submitted on Briefs March 17, 1989. Decided May 17, 1989. Appeal from the Court of Common Pleas, Montgomery County, Albert R. Subers, J. Page 77 Donald H. Poorman, Asst. Counsel, Philadelphia, Harold H. Cramer, […]

637 A.2d 761 Mary GRKMAN, Petitioner, v. DEPARTMENT OF PUBLIC WELFARE, Respondent. Commonwealth Court of Pennsylvania.Argued November 18, 1993. Decided February 3, 1994. Appeal from the Department of Public Welfare, No. 65 K 0238-001. Page 598 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

465 A.2d 1342 Bethlehem Steel Corporation, Petitioner v. Workmen’s Compensation Appeal Board (George R. Krause), Respondents. Commonwealth Court of Pennsylvania. October 7, 1983. Workmen’s compensation — Final receipt — Continued disability — Timeliness of filing — Deception — Tolling limitation periods. 1. A final workmen’s compensation receipt is properly set aside when substantial evidence supports […]

624 A.2d 727 ROBERT M. NEFF, INC., Petitioner, v. WORKMEN’S COMPENSATION APPEAL BOARD (BURR), Respondent. Commonwealth Court of Pennsylvania.Argued March 1, 1993. Decided April 14, 1993. Appeal from the Workmen’s Compensation Appeal Board, No. A91-307. Page 45 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

537 A.2d 38 Trinity Lutheran Evangelical Church, a non-profit corporation, D. Douglas Roth and Nadine Roth, Appellants v. Bishop Kenneth R. May, on behalf of The Western Pennsylvania-West Virginia Synod of The Lutheran Church in America, Appellees. Commonwealth Court of Pennsylvania.Argued October 7, 1987. January 19, 1988. Churches — Failure to file post-trial motions — […]

Pundt v. City of Erie Officers’ and Employees’ Retirement Board.[1] No. 369CD08.Commonwealth Court of Pennsylvania. March 3, 2009. [1] Reargument denied April 29, 2009. Appeal from the Erie County 10192-2004. Decisions Without Published Opinions Affirmed.

588 A.2d 588 Ronald J. RINCK, Petitioner, v. BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, STATE REAL ESTATE COMMISSION, Respondent. Commonwealth Court of Pennsylvania.Submitted on Briefs October 19, 1990. Decided March 19, 1991. Appeal from the No. 89-56-01810 of the Real Estate Commission. Page 484 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]

COLLINS v. COMM. OF PA, DEPT. OF TRANS., BUREAU OF DRIVER LIC. No. 956CD05.Commonwealth Court of Pennsylvania. November 17, 2005. Appeal from Bucks County 0405916-30-6. Decision without published opinion. Affirmed.

964 A.2d 50 COMMONWEALTH of Pennsylvania v. Nicholas Joseph SAMPSON, Appellant. No. 1712 C.D. 2008.Commonwealth Court of Pennsylvania.Submitted on Briefs: October 10, 2008. Decided: January 9, 2009. Appeal from the summary appeal, the Court of Common Pleas, Lycoming County, No. SA-40-2007, Anderson, J. Page 51 Matthew J. Zeigler, Williamsport, for appellant. Jason A. Raup, Asst. […]

822 A.2d 891 DECISIONS WITHOUT PUBLISHED OPINIONS Commonwealth Court of Pennsylvania. April 2003. DOCKET TRIAL COURTCAPTION NUMBER DATE DOCKET NUMBER DISPOSITION__________________ ________ _________ _____________ ____________ Scott, In re; Reed, In re. ………. 714CD03 04/14/2003 Berks County Affirmed 03-2987 Comm. of PA. Dept. of Trans., Bureau of Driver Lic. v. Wilson ……. 2207D02 04/15/2003 Huntington Affirmed […]

375 A.2d 1381 Anthony F. Tornetta and Rita E. Tornetta, his wife v. Plymouth Township Municipal Authority and Whitpain Township Sewer Authority. Whitpain Township, Appellant. Commonwealth Court of Pennsylvania.Argued June 7, 1977 June 29, 1977. Authorities — Sewer connection — Municipality Authorities Act of 1945, Act 1945, May 2, P.L. 382 — Exclusive statutory remedy […]

496 A.2d 105 National Mines Corporation and Old Republic Companies, Petitioners v. Workmen’s Compensation Appeal Board (Geisel), Respondents. Commonwealth Court of Pennsylvania. July 29, 1985. Workmen’s compensation — Burden of proof — Scope of appellate review — Final receipt — The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 — Reinstatement. 1. […]

601 A.2d 386 Susan MAJESTIC, a minor, by Joyce MAJESTIC and Daniel Majestic, parents and natural guardians, Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION et al., Appellees. DEPARTMENT OF TRANSPORTATION, Appellant, v. Susan MAJESTIC, a minor, by Joyce MAJESTIC and Daniel Majestic, parents and natural guardians, Appellees. UPPER ST. CLAIR SCHOOL DISTRICT, Appellant, v. […]

314 A.2d 328 Steward S. Groff, Appellant, v. The Borough of Sellersville, Appellee. Commonwealth Court of Pennsylvania.Argued October 2, 1973 January 28, 1974. Equity — Nuisance — Scope of appellate review — Error of law — Abuse of discretion — Sufficient evidence — Inferences — Words and phrases — Public nuisance — The Borough Code, […]

785 A.2d 126 Mary A. MANSBERGER, Petitioner, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. Commonwealth Court of Pennsylvania.Submitted March 7, 2001. Decided April 30, 2001. Appeal from the Commonwealth Court, No. 1274 C.D. 2000, McGinley, J. Page 127 Kristin L. Rice, Gettysburg, for petitioner. Kelley K. Smith, Harrisburg, for respondent. Before DOYLE, President Judge, COLINS, […]